Page 4 - Boca ViewPointe - February '23

Page 4, Viewpointe February 2023
Wildlife Revisiting Your Rules

In Boca Pointe And Regulations In The New Year

Have you captured any images wish everyone a happy and healthy new year! We know whether they need to be updated or amended. It is important
First and foremost, Sachs Sax Caplan would like to
to remember that, while rules and regulations may be
of Wildlife in Boca Pointe? that this is a time for many people to make resolutions adopted by the Board without needing a membership vote
for the upcoming year ahead. One resolution that many (unless the documents specifically require a membership
We’d love to publish your pictures in our new section Associations may wish to make in 2023 is revisiting vote), if you are adopting or amending rules and regulations
Wildlife in Boca Pointe! their rules and regulations. Many Associations may have that regulate the use of Condominium units or the individual
Please tell us where the photo was taken. Your photos may outdated rules and regulations that need to be updated and homes and lots in a Homeowners Association, such a
be published in The Viewpointe! amended. Other Associations may have been lax in their meeting must provide 14-days’ notice to members of the
Send your photos to lisa.cammaleri@fsresidential.com.  enforcement of rules and may need to republish their rules Association. While the members may not have a right to
and restrictions, so that they may be properly enforced on vote on these rules and regulations, you still do need to
View from my kitchen window a moving-forward basis. provide a 14-day notice, and such notice must be both
when two iguanas fell through If you are an Association, whether a Condominium posted in the community in a conspicuous place, as well
the roof opening into my Association or Homeowners Association, that has not been as mailed to all owners (or emailed to owners who consent
enclosed atrium, breaking limbs uniformly enforcing your rules and regulations, Florida law to receiving notices by electronic transmission).
of the tree and obviously unable allows you to go through a republication process whereby Finally, when working on amending or adopting new
to get out of this confined space you send a letter to the community republishing the rule or rules and regulations, it is important to make sure that your
on their own! Photo by Shirley restriction that has not been properly enforced which will rules and regulations do not conflict with the Declaration of
Deutsch – Meridiana allow you to enforce those rules on a moving-forward basis. Covenants or Declaration of Condominium. It is important
If you have any such restrictions, whether they are in your to make sure that the issue that you are attempting to
rules and regulations or in your Declaration of Covenants address in the rules and regulations is something that is
or Declaration of Condominium, it is important to avoid properly contained in the rules and regulations, as opposed
selective enforcement issues in the future, you republish to your Declaration. Many restrictions, such as leasing
this rule or restriction and “clean the slate” on a moving- restrictions, are more properly placed in the Declaration
forward basis. You can send the rules and regulations or which is a superior document and clothed with the highest
other restrictions out to the community with a cover letter presumption of validity. Therefore, when moving forward
A roseate spoonbill found by Taken just beyond the stating that the Board of Directors, on a moving-forward with amending or creating rules and regulations, it is very
the small body of water next Southwest 18th street basis, will be enforcing these restrictions. Any pre-existing important that Associations consult with legal counsel to
to the driving range. Photo by entrance. Photo by Robert violations that were not enforced would likely need to be make sure they are giving proper notice of any and all such
Lauren Simon Schwartz grandfathered, but at least this will allow the Associations meetings to approve such rules, as well as to make sure that
to be in a better position to enforce these revitalized rules the topics addressed in the rules and regulations are properly
and regulations and other use restrictions. addressed in the rules, as opposed to the Declaration.
Near the bridge going from Promenade to the Clubhouse Also, this may be a good time for Associations to
and the surrounding area. Photos by Lou Leone evaluate existing rules and regulations and to determine Sachs Sax Caplan, P.L., Peter S. Sachs 

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